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23 December 2015

The Research Director

Legal Affairs and Community Safety Committee

Parliament House

Brisbane QLD 4000

[email protected]

Dear Committee members

Tackling Alcohol-fuelled Violence Amendment Bill 2015

Please find following our submission in regards to your above Inquiry.

Some NSW communities are pleased to share with the Queensland community Newcastle’s

remarkable efforts in the face of coordinated liquor industry self-interest motivated

denigration, of sustainably preventing alcohol related non domestic harms including

violence, whilst simultaneously creating a much safer, more diverse and prosperous night

time economy with more job opportunities for our young people.

The common denominator in the successful reduction in alcohol fuelled violence in

Newcastle, Norway and Kings Cross has been the adoption of an enforceable package of

scientific evidence-based measures focused on the modest reduction in the dangerous

oversupply and availability of alcohol. In particular, small reductions in “last drinks” times in

extended trading hours past midnight.

None of the above successful harm prevention measures adopted in the above three diverse

sites that are applicable to Qld could be reasonably be construed as “prohibition”.

Newcastle is regarded as the “quintessential” Australian town. Our modest and sustained

achievements that have been the subject of substantial independent scientific analysis and

verification by reputable organisations including BOCSAR, have withstood the important

test of time.

The broad cross sample of the above national and international sites where “earlier last

drinks” have been very successful in substantially reducing the levels of alcohol fuelled

violence and other harm indicators including related hospital admissions (see Queensland

Coalition for Action on Alcohol (QCAA) submission), confirm this simple cost saving

measure’s desirability and applicability across the whole of Qld.

Acknowledgement

We pay tribute to the many Queenslanders from all occupations, locations and politically

persuasions and industries, including the majority of the liquor industry whom for many

years express concern with the disproportionate adverse impact of the dangerous

oversupply, availability and promotion alcohol has on our younger generations and

vulnerable communities.

Unequivocal independent scientific evidence has emerged identifying a package of key

simple measures shown to simultaneously, sustainably and substantially reduce alcohol

Submission: Tony Brown

Newcastle NSW representing

a number of other local NSW

communities

11.1.9e 23/12/2015 Tackling Alcohol-fuelled Violence Legislation Amendment Bill 2015 Submission No 168

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related non-domestic violence, improve the diversity and prosperity of the night time

economy (NTE) and creating more job opportunities for our young people.

The Bill brings into sharp practical focus for all Parliamentarians and their constituents

regardless of their political persuasion, the paramount imperative of ensuring the ongoing

safety of their communities via the most cost effective and evidence based means possible.

We commend the Queensland government and its officers for the overall contents of this

Bill but reiterate that the safety, health and welfare of particularly our younger generation

and other more vulnerable communities must be placed above “politics”.

We strongly encourage all members of the Qld Parliament to adopt a bi-partisan approach

to the successful and timely transition of this Bill incorporating the modest suggestions

below, into law and the consequential anticipated triple win for sustainable community

safety, business prosperity and jobs.

About the author

Tony is a qualified solicitor with an Honours Degree in Law who voluntarily led and

represented around 150 Newcastle community members, small businesses and concerned

citizens in the Police initiated case that culminated in the landmark “Newcastle conditions”

by the former NSW Liquor Administration Board in March 2008.

His work, study and experience has provided him with invaluable insights into the practical

public policy and legal application of available independent scientific alcohol violence

prevention research evidence and the ecology of the liquor industry including their

interactions with various governments and the media.

A number of communities including Kings Cross, Byron Bay, Hamilton, Moorebank, Bondi

Junction and Casula have invited Tony to voluntarily advise and support them to mobilise,

promote and retain the adoption of similar successful evidence based measures proven to

prevent alcohol related violence without any additional costs to taxpayers.

Tony chairs the Newcastle Community Drug Action Team and the Hunter Multicultural

CDAT.

He has retained a strong interest in the Qld jurisdiction providing a detailed submission to a

Parliamentary Inquiry into alcohol related violence in 2009, attended the Attorney General’s

Round Table discussion with the industry and community in Brisbane on 6 August 2015 and

has a 21 year child who works in Qld and regularly attends Brisbane and Gold Coast night

clubs on weekend nights.

Consideration of contents of the Bill

1. Title: Tackling Alcohol-fuelled Violence Amendment Bill 2015 - amend

We encourage the replacement of the above title with a more appropriate description that

does not connote the use of potential violence “tackle” to stop the violence. Other key

considerations detracting from this title include


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a. More than 50% of the acute harms (and equally primarily preventable) arising from the

dangerous oversupply and availability of alcohol and failed RSA late into the night are

not violence related. These are defined as “non-intended” injuries and include alcohol

poisoning, trips, falls, pedestrian/traffic accidents, drownings etc.

b. Dangerous levels of primarily preventable binge drinking and preloading that are

synonymous with the so-called “vibrant” night time economy (NTE) can be significant

contributors to chronic alcohol related harms including permanent liver damage, a

number of cancers and the “hidden epidemic” Fetal Alcohol Spectrum Disorders (FASD)

– the most common form of non-genetic birth defects.

UK studies have found current levels of drinking amongst you people as creating a

medical “timebomb”.

c. Alcohol related deaths and injuries have a very broad burden of harms. The dreadful

impact of an alcohol fuelled death or critical injury as we have previously witnessed, has

an enormous “ripple effect” through immediate family and friends and, the broader

community. Human lives have irreplaceable value.

I have sadly met too many grieving parents including in Qld, who have lost children

through unprovoked alcohol- related violence and, alcohol poisoning at a very young

age.

d. The combination of the above avoidable acute and chronic alcohol related harms have a

profound negative budgetary impact on public health, policing and other costs and the

associated misallocation of scarce Qld government resources. The Bill’s measures will

substantially reverse these costs and waste of public resources and enable successive

governments to divert resources to much needier areas such as public education, health

prevention, sustainable business investment etc.

These Qld law reforms that pleasingly will apply state-wide, have the real potential to derive

international acclaim as a successful cost saving public health intervention that

simultaneously has proven a stimulus for the economy by lifting the odium and stultifying

oppressive impact of violent and malevolent NTEs.

International and national Qld tourism destinations are much more likely to attract more

responsible tourists including their families because of safer, diverse and more inviting

NTEs. It is understood that tourist families stay longer and spend more than individual

young people. It is also understood that the average international Qld tourist is a 40 year old

Chinese visitor – hardly the type of visitor who would be deterred by a modest reduction in

last drinks times of Qld pubs and nightclubs.

A positive and constructive title of the Act should complement and symbolically

acknowledge such likely achievements.


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Why we should support the QLD state-wide adoption of the alcohol law reforms

Some advocate that certain geographic areas of the state should be exempted from the

application of these life and cost saving law reforms on the basis that they may have low

levels of alcohol related violence.

There are a number of difficulties with such assertions including those factors mentioned

above about the true burden of harms – the full impact of the dangerous oversupply,

availability, promotion, service and subsequent misuse of alcohol that extends substantially

beyond levels of reported alcohol related non-domestic violence.

It is estimated that only around 25% of alcohol related violence is reported to the

authorities.

A major benefit of the state-wide adoption of these law reforms is that they are predicated

on the adoption of proven evidence-based preventative and cost saving measures.

An ounce of “prevention” is worth a tonne of cure.

High levels of dangerous intoxication that is synonymous with the cycle of preloading, binge

drinking and extended trading is one of the biggest predictors for alcohol related harms.

No government should have to rely upon the performance indicator of an accumulation of

young dead or seriously injured bodies related to an alcohol fuelled “body count” before

they are forced to belatedly intervene to stem the deadly tide.

A final reason for the state-wide adoption of the modest reduction in latest drinks and other

effective measures including a common state wide 10pm closure of all Qld bottle shops is

the relative simplification and efficiency of regulation and enforcement.

Industry for a long time has demanded a level and consistent playing field of regulation.

Any regulation system that is loaded with geographic, situational and historical type

exemptions and exceptions runs a much higher risk of failure and the susceptibility to

corruption and undue influence as various industry players seek and exploit loopholes to

gain a competitive advantage over another in what is a very contested market with

increasing concentration from the Woolworths/Coles duopoly.

The alleged failure of a trial of a lockout or “one way door” (OWD) policy in Melbourne

some time ago was attributed to the inconsistent application of standard set of conditions

to all liquor outlets involved in the trial area.

While OWD measures in isolation may be problematic, as part of a bigger “package” of

proven availability/supply measures (primarily earlier last drinks) and effective RSA

compliance, OWD provide the Police with an important logistical tool to more effectively

disperse patrons from the streets, particularly where dangerous levels of intoxication are

involved.


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A major fallacy of those opposed to OWD policies is that they turn all patrons out onto the

streets at once.

• A dominant drinking attitude of younger people is stay in the licensed premise to closing

time whether it be 10pm, 12 midnight, 3 or 5am

• Patrons are not “locked in” licensed premises and have the freedom to leave earlier than

closing time or OWD if there are episodic variations in the availability of taxis etc

• Under the Bill provisions patrons within the premises before the application of any OWD

control are free to remain till closing time

• Patrons quickly adjust to the new entry controls as proven in Newcastle.

In Newcastle prior to 2008, a major public safety issue was the unrestricted pedestrian

migration of thousands of intoxicated patrons (“mullet run”) between a large number of late

trading licensed premises. After the introduction of Newcastle’s enforceable OWD controls,

Police report that they could much more effectively direct at risk persons off the streets and

return home rather than milling around and causing problems.

There were also no problems with intended patrons queuing past the commencement of

the OWD operation time.

2. 3am cessation of alcohol service

During the AG’s Round Table discussion on 6 August 2015, we encouraged the government

not to become too target focused on Newcastle and Kings Cross’s 3am closing/last drinks

time for the nominated safe drinking precincts and the 2am for other extended trading

premises.

The best independent scientific evidence based on scientific studies in Newcastle (Kypri,

Miller et al) Norway, Amsterdam and elsewhere suggests that for every one hour reduction

in last drink times, you can expect an approximate 20% reduction in assaults. A similar

reverse outcome is derived from an increase in hours if for example policing costs are kept

constant.

Another industry myth busted at the Round Table was that 24hr provision of alcohol is

essential to achieve a “vibrant” international city.

Industry representative could not honestly suggest cities such as Los Angeles and San

Francisco were neither “international” nor “vibrant. Yet, California enjoys a 2am last drinks

and has a drinking age of 21. The fact is that many other international cities prosper under

last drinks time of 3am or earlier.

The industry hysteria generated originally in Newcastle and replicated by a minority in

Sydney and Queensland reflects a self-interest “flat earth” mentality. It is our experience

that the amount of objection and hostility to the adoption of precinct or state-wide

enforceable proven cost saving alcohol harm prevention measures is usually proportional to

the extent to which the complainants’ businesses rely upon irresponsible business models

predicated on maximising the dangerous oversupply of alcohol to their thirsty patrons late

into the night.


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In contrast in Newcastle, more astute business operators following the introduction of last

drinks adjusted their business models to successfully accommodate the improved regulatory

conditions. Some others took their blood money and moved out of the late trade large

booze barn market segment to more family orientated standard closing time hotels.

The reality is that 12 out of the 14 licensed premises respondent to the Newcastle 2008

“conditions” remain open today nearly 8 years after the commencement of reduced late

trading hours. One pub was destroyed by a fire, the other closed by Police action. The same

licensing conditions still enjoy overwhelming patron and community support. The sky has

not fallen in Newcastle. In fact, these modest conditions have contributed to a much safer,

more diverse and prosperous Newcastle NTE with more jobs. This is explored more in the

following section.

Recent picture of queue outside Argyle House (former Fanny’s) c/o Newcastle Herald

The Qld public should not be deprived of proven life and cost saving alcohol harm

prevention reforms. They should not continue to be held to ransom by a minority of noisy

well-connected liquor industry representatives unwilling or incapable of adjusting their

irresponsible business models to reflect the reasonable level of public safety demanded by

the community, concerned parents and brave front line emergency workers sick of being

used as punching bags by drunken patrons.

It must be remembered that a 2am closing is not a new proposal to Qld. It was advocated by

the Qld Police Association as early as October 2010.

We recommend clear and transparent mechanisms within the legislation to provide for

further timely reductions in last drinks times if the level of cooperation from the owners and

controllers of licensed premises does not continue to meet the reasonable expectations of

the regulator.


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3. “These draconian conditions will devastate Qld”

The following passage provides a sober overview of the positive impact of the conditions in

Newcastle, their immediate general applicability to Queensland and a repudiation of

sustained industry attempts to undermine and discredit the same life and cost saving

measures estimated to date to have prevented over 5000 young people being assaulted on

our streets.

Newcastle

Prior to the introduction of the Newcastle conditions predicated on a modest reduction in

extended trading hours of 14 premises in the CBD precinct by the (former) NSW Liquor

Administration Board in March 2008, we had

• The highest rate of non DV alcohol related assaults in NSW

• The highest rate of assaults on Police

• The highest rate of drink driving

Newcastle CBD was accurately described as a violent drunken “bloodbath” with around

20,000 younger persons (many preloaded) drawn into the CBD every weekend where they

readily gained entry to licensed premises to purchase and consume alcohol to 5am.

To understand how Newcastle (and other communities) can over time descend into this

unfortunate violent malevolent situation requires an appreciation of the undue and

disproportionate influence the powerful cashed up liquor industry exerted over successive

governments.

Successive governments and local leaders were unconscionably prepared to effectively

“trade off” the fundamental safety and welfare of our younger generation and that of brave

front line emergency workers, for political opportunism including the promotion of industry

self-regulation and the costly but ineffective industry initiated/preferred “band aid” and

blame shifting measures e.g. more police, transport, illicit drugs, lack of “individual

responsibility” (See Appendix 1).

Coinciding with the AHA and local late night venue owners’ vociferous and vacuous

objections was their unwillingness and incapacity to accept any responsibility at all for their

operations and inability to ensure the responsible service of alcohol as key contributing

factors to the cause of dangerous levels of intoxication and consequential deaths, serious

violence and other related harms.

We are not suggesting that the same level of undue and inappropriate influence would exist

in Queensland but this is why we exhort the Parliamentary Committee and Parliament that

public safety must be put beyond politics.

In Newcastle however prior to the 2008 landmark decision of the independent quasi-judicial

Tribunal, the local Liquor Accord was chaired by a senior representative of the Premier’s

Department and the Secretariat and media support provided by Newcastle City Council.

The Liquor Accord’s motto during this unrivalled period of alcohol fuelled violence was “Fun

City - Safe City”. The motto, record of alcohol fuelled violence, crime and related harms and,


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blatant non-compliance with RSA legal obligations personified the abject failure of liquor

and gambling industry self-regulation, transparency, honesty and integrity in this relative

small late trading segment of the industry.

There also was evident a manifest failure in reliance upon the “market” to adequately and

equitably distribute the very substantial public/social direct and indirect costs or negative

externalities of the operation of the so-called “vibrant” (and “safe”) Newcastle night life - to

the owners of those licensed premises that were making exceptional profits from the

dangerous levels of intoxication and associated deaths and critical injuries associated with

extended trading.

For example

• The cost to Newcastle City ratepayers in 2006 for cleaning up the CBD from blood,

vomit, urine and excrement, repairing vandalised public assets was around $1 million

• Huge police and health related resources each weekend were avoidably diverted to

attempting restore order and attending injuries and mishaps in the CBD to 5am. The

substantial indirect resource allocation costs were unacceptable waiting times for

ordinary public members in the hospital emergency units and the relative incapacity of

the police to address other crimes and adopt community policing/crime prevention

strategies

• Local shop owners could no longer afford property insurance for damage to their street

fronts

• The reputation of the city as a safe destination was destroyed and the dominant late

trading binge barn model created a mono-economy that stifled the establishment of a

more safer, diverse, prosperous and inviting NTE and jobs we have created today

• Many young people themselves were traumatised by the alcohol fuelled violence and

fear. They were effectively excluded from participating in the NTE just as many local

residents were equally fearful of going out later onto their local streets in the CBD.

If minority elements in the Qld liquor industry continue to assert that the state-wide

adoption of this modest package of proven alcohol harm prevention measures will cause

unsustainable adverse cost impacts, then Queensland taxpayers would be justified in

demanding a full public/social cost recovery from those higher risk premises that trade after

midnight.

The Australian Institute of Criminology (AIC) released a study in 2013 which shows the costs

to society from alcohol harm were double that raised in tax and excise revenue by the

Commonwealth Government.

Unreliable AHA critique of Newcastle conditions

In addition to the growth in the number of licensed premises shown below, the modest

reduction in late trading hours in Newcastle in conjunction with a package of other

measures never “destroyed” the town. In particular:-

I. 12 out of the 14 original hotel/night club respondents to the Newcastle “Conditions”

case remain operating. These include Cambridge hotel, Clarendon hotel, Crown and

Anchor hotel, Customs House, Fanny’s of Newcastle (renamed Argyle house), Hotel CBD,


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King St hotel, Lucky Country hotel, M J Finnegans, Queens Wharf Brewery, Grand hotel,

Great Northern hotel

II. The Civic Hotel was destroyed in a fire and the Ducks Nuts (renamed the Silk Hotel)

recently closed following substantial police operations

III. Some of the above businesses remaining open have subsequently changed hands

providing evidences of the continuation of a local business and regulatory environment

that is far from “draconian”

IV. Substantial business investment in hotels continued after 2008 with a reported $6m

investment in the refurbishment of the Lucky Country that reopened in 2014 and the

building of the large midnight closing Honeysuckle hotel

V. In 2011 Ms Fielke (then) CEO of the NSW AHA commissioned a secret report from PWC

and Crosbie Warren Sinclair purportedly considering the impact of the Newcastle

conditions. Undermining the credibility and reliability of these dubious reports was the

AHA’s refusal to make the reports public and allowing for independent expert scrutiny.

The AHA commissioned reports were widely and inappropriately hawked by the AHA

across the country including the Northern Territory (see Hansard 16 October 2013 –

NOM Mr Wood). The reports contained substantial incorrect assertions and

assumptions.

The above CWS report apparently ignored the impact of reported bursting of the pub

valuation bubble resulting in a 30% fall nation-wide in pub values as well as the impact

GFC. Their report apparently solely attributes the reduction in reported Newcastle pub

values to the impact of the modest reduction in late drinking hours.

The SMH defined the NSW pub sector in December 2008 as “ailing” and it is noteworthy

that none of the AHA commissioned reports appear to have contemplated simple poor

management, an oversupply of late trading premises and unsatisfactory compliance

records as reasons why the value of some pubs in Newcastle may have fallen and/or

they lost some business (as equally did some social clubs, restaurants and other public

entertainment venues due the downturn in the international and domestic business

cycle).

These AHA reports imply that the liquor and gambling industry, unlike all other

Australian businesses are, or somehow should be, quarantined or provided special

protection and concessions at tax payers’ expense from normal business cycles and

compliance obligations.

It is understood that the AHA reports were to a large extent reliant upon individual

business self-reporting.

We therefore encourage the Committee and Parliament to remain very sceptical about the

reliability of any alleged “research” proffered by the liquor industry that attempts to


11 .1.9e 23/12/2015 Tackling Alcohol-fuelled Violence Legislation Amendment Bill 2015 Submission No 168

marginalise the benefits of the modest reduction in late trading hours in Newcastle or

elsewhere at no additional cost (eg more police, transport, CCTV etc) to tax and rate payers.

It is interesting to note that the recently reported property boom in Centra l Sydney is enabling the property owners of licensed premises in Kings Cross to realise a much higher

rate of return on investment by sel ling/converting the property to residential/commercial development.

Newcastle more recently

Following is a table produced by Newcastle Police in July 2015 that illustrates the substantial

growth in the number of smaller, more responsible licensed premises in Newcastle CBD.

Number of licensed premises in Newcastle CBD 2008 - 2015

March 2008 March 2013 July 2015 % increase 2008

Hotels 13 17 23* 77%

Registered Clubs 5 5 5 stable

On Premises 41 66 98 140%

Packaged Liquor 5 5 8 ns

Total 64 94 134 110%

* includes 3 small bars

Sou rce: Licensing information provided by Newcastle Police 20 July 2015

Newcastle has undeniably undergone a remarkable positive transformation as a direct consequence of the application of the 2008 conditions. Newcastle has effectively more than halved its alcohol related crime rate since the introduction of the measures that we

estimate has prevented over 5000 young people from being bashed on our streets.

No reliable evidence exists of any "migration" of the alcohol problem from Newcastle CBD into surrounding precincts. Queensland has effectively resolved such risks by the welcomed

state-wide application of its alcohol harm prevention reform laws.

This Newcastle transformation is a triple win for the local community, patrons and

responsible business operators.

It can be so easily replicated across the whole of Qld and the rest of the country

confronted with the common problem or cycle of preloading, extended late trading and failed RSA.

It has also resu lted in a documented (Prof. Peter M iller) important improvement in the

drinking cu lture with less preloading, a dangerous precursor to high levels of intoxication,

failed RSA and harm.

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To put the sustained success of the Newcastle conditions beyond any doubt, Newcastle City

Council released in August 2015 a survey that confirm the vast majority of participants rated

the area high in Safety, Inclusiveness, Diversity and Vibrancy. It also included the following

indicators:-

4. Developments in Kings Cross

Predictably like Newcastle, any short-term dislocation by the successful adoption of

enforceable precinct wide modest reductions in last drinks times (with no periods of

“grace”) in Kings Cross has been grossly and mischievously exaggerated by elements within

the industry in an attempt to retain their anti-social and irresponsible binge drinking

business models.

We make the following observations that also have implications for places like Fortitude

Valley and Surfers Paradise:-

• Kings Cross Police have advised us that since 14 June 2014 when high risk venues were

required to use ID scanning, the same machines recorded over 1.9 million patrons

actually entering the late night licensed premises. Over the same period, the number of

venues with the scanners fell from 27 to 21.

The above Police data on the actual number of patrons attending Kings Cross is far more

accurate and reliable than information produced by Sydney City Council and others

based on pedestrian surveys etc.

• The Police also report that the Kings Cross late trading premises had a total allowable

physical capacity of around 9,000 patrons. The patron capacity levels have very

important public health and safety implications including fire and road/pedestrian safety

and crowd control.

The total number of people in the Kings Cross precinct prior to last drinks grossly

exceeded the legal carrying capacity of the late trading venues. Many of these visitors

were reportedly already inebriated. This excessive overflow of foot traffic in Kings Cross

was a major contributor to the alcohol related harms.

The authorities have welcomed the reduction in people attending Kings Cross as it is

now much closer to its safe carrying capacity. The Police also report that the more


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responsible and popular late trading venues are still at maximum legal capacity (full) on

weekend nights.

This dangerous overcrowding problem was very similar to what occurred in Newcastle

prior to 2008 when the number of actual patrons was nearly double that of the

permissible amount in licensed venues (see Appendix 1). The subsequent reduction in

patron numbers post the invention can in one sense be fully attributed to an overdue

correction to ensure legal compliance with safe patron numbers

• Police advised that they noticed a decline in patronage in Kings Cross after the killing of

Thomas Kelly and Daniel Christie (Jan 2014) but before the introduction of the earlier

closing times in Central Sydney/Kings Cross in February 2014

• Neither BOCSAR nor NSW Health Authorities have reported a statistical significant

“migration” of alcohol related harms from Kings Cross to nearby precincts including

Newtown.

Queensland’s welcomed state-wide adoption of its alcohol harm prevention reforms will

overcome any potential “migration” risks by creating a level playing field

• A welcomed number of new and more responsible businesses have emerged in the

Kings Cross precinct which are creating a much more diverse and inviting location for

local residents and others regardless of the time of the day and night

• An important final concern emanating from Kings Cross that has significant implications

for Qld is the extent to which the Kings Cross Liquor Accord and other opponents of the

proven life and cost saving measures have been deliberately deterring potential patrons

away from their precinct.

Sensational false and misleading accusations that the modest reduction in last drinks

have “destroyed” or “devastated” Kings Cross is simply not substantiated by verifiable

patron attendance records. Talking down the creation of a proven much safer drinking

precinct where assaults have dramatically plummeted - for some personal, financial or

political gain by industry and individual venue representatives, is hardly likely to attract

younger patrons to the area.

We note in Qld the similar predictable emergence of ridiculous and hysterical assertions

in the media by some nightclub representatives that the proposed state-wide modest

package of proven evidence based alcohol law reforms would “destroy” and “wipe-out”

generations of young entrepreneurs and small businesses! See

http://blogs.abc.net.au/queensland/2015/08/what-will-lockout-laws-do-to-the-

brisbane-bar-scene.html around 7, 8 and 8.50 minutes.


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5. Earlier last drinks, lockouts and live music

It is a common misconception that the modest reductions in “last drinks” time and the

introduction of a OWD policy will have an adverse impact on the provision of live music. We

make the following observations:-

• The reported decline in the number of licensed venues providing live music was in

decline prior to the Newcastle conditions of 2008 and the more recent adoption of a

similar package of enforceable measures in Sydney in early 2014

• The decline in live music over time has also been reported in other Australian cities

including Melbourne that has not adopted last drinks and OWD policies

• The primary reason for the decline in live music has to do with the licensed venues’

business models and the competitive market environment. In particular, poker

machines provide a much higher return on investment than live music and

associated band/performer costs. Under-utilised dance spaces have been converted

to pokie parlours

• The live rock pub scene was much more popular in the late 70’s when 10 pm or

midnight closing prevailed in NSW

• There is little contemporary independent scientific evidence available to confirm

that venues with live music are less associated with alcohol related harms than those

without live music

6. 30 minute “grace” period after cessation of service – be removed

The Bill reaffirms the capacity for patrons to consume alcohol for a period of up to 30

minutes after the sale of alcohol products ceases.

We understand this is not the practice in Newcastle, Kings Cross/Central Sydney or

California.

The 30 minute grace period unnecessarily complicates the regulatory/enforcement process

where inspectors who arrive a minute past the service cessation period cannot easily detect

whether a patron who is still consuming alcohol was supplied the same alcohol before or

after the legal period.

We would therefore engage the proposed legislation be amended to prescribe the relevant

2 or 3am cessation of service as “last drinks” period, with no “grace” period.

A similar related concern is the risk of “drink hoarding” where patrons can purchase

multiple drinks (arguably in breach of RSA legal obligations) prior to the cessation of service

to carry them over drinking after the time sales stop. This in effect creates a more harmful

230 - 330am (SDP) effective last drinks time.


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Some NSW controls provide for some mandated drink hoarding prevention requirements

for example the maximum number of drinks that can be purchased at once after a certain

time.

7. 12 extended hour permits per year

As mentioned above, the granting of exemptions can significantly undermine the integrity

and effectiveness of the application of a proven package of measures to prevent alcohol

related harms and reducing public costs.

The continuing capacity to seek 12 exemptions in one year is not supported, particularly

when such exemptions may coincide with times associated with higher risky drinking.

If the government is to still entertain this alcohol risk escalation measures then it must be

strictly controlled like NSW with such exemptions applying to events deemed of state wide

“significance” and be fully transparent with the opportunity for the community and others

such as the Police to object.

Successful applicants must be required to provide the authorities with an effective risk

management plan that includes the location near the licensed premise and an additional

payment that adequately reimburses the public for the deployment of additional policing

and other costly government services.

8. Bottle shop closing times

We welcome the proposal to reduce the closing time of Qld bottle shops to 10pm.

We bring to the Committee’s attention that substantial independent evidence links alcohol

related violence to the density of bottle shops and their location proximate to areas of social

disadvantage.

BOCSAR found the 9% reduction in non-domestic assaults in regional NSW from February to

December 2014 was “fully attributable” to the reduced bottle shop closing times to 10 pm

introduced state-wide in February 2014.

On the basis of the above evidence, we would encourage that trading time for all Qld bottle

shops be reduced to 10 pm in the immediate future. This would demonstrate to the Qld

community its government’s genuine commitment to preventing the scourge of alcohol

fuelled domestic violence by in part, the creation of a level playing field.

9. Other liquor related recommendations

a. The Committee following Parliament’s consideration of its recommendations,

examine measures that give effect to the owners and controllers of liquor outlets

sharing the legal and moral responsibility for the conduct of their intoxicated

patrons whilst on and after leaving their premises, where it can be shown that

the service and supply practices of the venue have contributed to the patron’s

dangerous level of intoxication that has been a factor in subsequent related

harm to the individual and innocent others.


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In particular, we would encourage the Committee to examine the applicability

and effectiveness of “Dram shop” type laws that exist in the USA.

b. The committee have a closer look at the factors contributing to preloading from

both the consumer’s side and the liquor industry as a whole including promotion

and marketing (including to young people), price, access and availability of cheap

booze and, effective RSA including entry controls on detecting intoxicated

person.

We note that the level of preloading is one of better the predictors of alcohol

related violence and related harms.

c. The government review the structure, function and role of Safe Drinking

Precincts’ Local Boards to ensure they reflect a much broader and genuine

representative cross section of independent local communities including bodies

that represent those disaffected by alcohol and gambling liquor related harms

and associated liquor related neighbourhood disturbances.

This could include for example local resident groups impacted upon by noise and

alcohol related violence/disturbances, women’s groups, opponents of domestic

violence, local health experts etc.

It is essential that this broader independent local community representation on

the Local Boards has the same voting and other rights as traditional industry

based representatives. It is also important that those existing community

members on the Local Boards who provide services in the NTE can and remain

impartial and independent of local industry members and not reliant upon any

form of financial support or other forms of incentives that may influence their

decision making on the Boards.

It appears obvious like NSW Liquor Accords that the existing QLD Local Boards as

currently constituted are averse to the support and adoption of any enforceable

evidence-based proven life and cost saving measures involving any practicable

modest reductions in the availability, service and supply of alcohol – impact upon

their financial bottom line.

Until such time that the Qld government can derive a mechanism whereby it can

be assured that the Boards’ actions and initiatives in preventing local alcohol

related harms are consistent with independent contemporary evidence based

thinking on the most cost effective harm prevention measures available,

including reducing the number of late trading outlets and large discount bottle

shops, the government should reconsider the amount of public funds it

allocates to Local Boards.

d. We urge the adoption of the life and cost saving alcohol law reforms well before

the beginning of the next financial year.


16

e. We would encourage the application of the same law reform package containing

proven alcohol related harm prevention and cost saving measures to all Qld

Casinos and other places were large volumes of alcohol are supplied and

consumed.

f. Increase wherever possible the community consultation and transparency of

the overall approval/exemption processes including longer gambling periods by

making public all such applications and inviting informed resident/community

responses

10. Preventing Gambling related harms

Whilst the overall package of Qld’s proposed alcohol harm prevention law reforms is

commendable, unfortunately the same cannot be said to the likely significant but primarily

preventable, escalation of well document gambling harms associated with extending the

time for their operation to in some cases 5am.

Estimation of the number of Problem Gamblers

The 2010 Productivity Commission Report identified that between 22% and 60% of poker

machine (EGM) profit came from problem gambling.

The Productivity Commission identifies that harm from gambling does NOT only come from

problem gamblers but people who are moderate, ‘at risk’ and casual gamblers also suffer

harm and sometimes gamble more than they can afford.

Levels of problem gambling are the easiest way to assess the negative impact of gambling.

However, there are additional harms from gambling which are not included in the estimates

of problem gambling. These include the detriment and impact of issues including:

• Bankruptcy

• Divorce and separation

• Cost of loans or lost income incurred from gambling debt

• Impact on children’s participation in educational activities and out of school activities

• Criminal conduct such as fraud, larceny etc to pay for gambling debts

• Depression

• Suicide

The Committee should be aware that industry supported harm prevention measures are

deliberately ineffective and nonsensical.

The “Kaching” program shown on ABC TV highlighted the pernicious addictive features of

poker machines.

Queensland has the third highest rate of individual expenditure on poker machines in

Australia. This is not a record to be proud of.


17

We encourage the committee to consider and rely upon the following recent articles to

effectively prevent gambling related harms in Qld, including the cessation of poker

machines at 2 or 3am.

• https://theconversation.com/bright-lights-big-losses-how-poker-machines-create-addicts-and-rob-them-

blind-49143

• https://theconversation.com/15-things-you-should-know-about-australias-love-affair-with-pokies-49230

• https://theconversation.com/gambling-on-pokies-is-like-tobacco-no-amount-of-it-is-safe-51037

Conclusion

History recognises those governments and political leaders who have demonstrated the

capacity to put sectional and political vested interests second to the overall peace, welfare

and good government of the whole community under the rule of law.

The overwhelming approval of this Bill embracing the above suggested modest

amendments that keep intact the critical public safety drivers of a package of proven life

and cost saving enforceable measures including

• a modest reduction in “last drinks” times

• a one-way door policy and

• 10am closing of all bottle shops across the whole state

is that once in a life time opportunity for all Qld Parliamentarians to make that discernible

“difference”.

You will undoubtedly be nationally and internationally recognised for generations to come

as the collaborative co-authors of simple yet profound alcohol law reforms that will drive

cultural change - not only saving many young people’s lives and their families’ despair, but

assuring the ongoing prosperity, increased diversity and more sustainable jobs in your

regional economies.

Tony Brown

Newcastle


11 .1.9e 23/12/2015 Tackling A lcohol-fuelled Violence Legislation Amendment Bill 2015 Submission No 168

Appendix 1: Unsuccessful Newcastle Liquor Accord Voluntary "initiatives" prior M arch

2008

Voluntary initiatives of late trading venues

VENUE

Cambridge Hotel,

Civic Hotel

Clarendon Hotel

Crown and Anchor Hotel

Customs House Hotel

Ducks Nuts Hotel

Fanny's of Newcastle

Great Northern Hotel

Grand Hotel

Hotel CBD

King Street Hotel

Lucky Country Hotel

M Bar Hotel

M J Finnegan's

The Dockyard

Queen's Wharf Brewery

Shaded: premises closed Source. OLGR

RSA Wate< No shots marshal S.Mce

"" "" "" "" "" ""

"" "" "" "" "" "" "" "" "" "" "" "" "" ""

"" "" ""

"" "" "" "" "" ""

"" "" ""

"" "" ""

Drink Bistro Maxi Taxi limits Menu Hire

"" "" "" "" "" "" "" "" ""

""

"" "" ""

"" ""

"" ""

• Enough is Enough', patron education campaign 2004, 2006.

S.cu<e Licensee taxi rank Present

oostMN

"" ""

"" ""

"" "" ""

"" "" "" "" ""

""

""

• 'Nightlink' transport strategy and education campa ign 2003 - 2007.

LimO RTO

""

• 'Supply means Supply', community education program aimed at reducing juvenile drinking.

• 'Don't be Bloody Stupid' public education campaign 2007. • Armed Hold-up training for members of the accord.

• OLGR compliance workshops for Accord members. • Subsid ised Responsible Service of Alcohol training for sporting clubs.

• Supported 'Good Sports' as a community member contributing $2,200 annually. • Hosted a "Safe Parties" Forum 2006.

"Other Accord programs specifica lly targeting late night issues in the CBD include:

2002 - User pay policing in the CBD Up to 8 police patrolling the CBD. Initial ly f unded 50% by police and licensee's for a trial period. Not sustained following the w ithdrawal of the fund ing commitment by police, lack of user pay police volunteers, and the difficu lty in administering the licensee contributions.

2004 to 2007 - Street Security

Late trad ing licensed premises funded 8 high visibility security of ficers on Friday and Saturday in an effort to reduce antisocial behaviour and street offences.

18

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2007 - 3:00 am Restricted Entry Policy (“Lock out”)

On 31 August 2007, late trading hotels in Newcastle agreed to implement a 3.00 am

restricted entry policy, which was subsequently implemented on the first weekend of

October 2007. Under the campaign title ‘Don’t Be Caught Out’, licensees restricted entry to

their venues uniformly from 3.00am.

Police report that assault levels have reduced between 3.00am and 6.00am since October in

comparison to the same period last year”.

Source: OLGR report to LAB


20

Appendix 2: OLGR summary of Newcastle venue’s capacity prior to 2008

Source: OLGR Situational Report to LAB s104 Hearing 21 November 2007


Documents

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